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WINDFIELD CORP. v. McCALLUM INSPECTION CO.

No. 731SC160.

196 S.E.2d 607 (1973)

18 N.C. App. 168

The WINDFIELD CORPORATION v. McCALLUM INSPECTION COMPANY.

Court of Appeals of North Carolina.

May 23, 1973.

Attorney(s) appearing for the Case

Leroy, Wells, Shaw, Hornthal & Riley by J. Fred Riley, Elizabeth City, for plaintiff appellee.

J. Kenyon Wilson, Jr., Elizabeth City, for defendant appellant.

BRITT, Judge.

Basic to a determination of this case is a construction of the contract set out above and particularly that provision of the contract with reference to "11,800 feet of 4" plastic P.V.C. rigid pipe." Defendant contends that the contract is "clear and unambiguous as to the Installation or Laying of the plastic pipe" since "the contract is silent on this point." Plaintiff argues that the written contract is ambiguous with respect to defendant's responsibility...

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